HomeMy WebLinkAbout159-09 RESOLUTIONRESOLUTION NO. 159-09
A RESOLUTION APPROVING A VARIANCE OF THE UNIFIED
DEVELOPMENT CODE SECTION 164.12(F) NONCONFORMING USES
AND STRUCTURES, REPAIRS AND MAINTENANCE, AND SECTION
166.18 MASTER STREET PLAN SETBACKS, ALLOWING THE EXISTING
STRUCTURE LOCATED AT 612 N. COLLEGE AVENUE TO REMAIN
WITHIN THE MASTER STREET PLAN RIGHT-OF-WAY AND TO 13E
IMPROVED GREATER THAN THE 10% REPLACEMENT COST ALLOWED
BY CODE, WITHIN THE EXISTING LIMITS OF THE STRUCTURE.
WHEREAS, the Master Street Plan right-of-way for this portion of North College
Avenue, a Principal Arterial, requires 48.5 feet from centerline and consequently bisects the
existing structure resulting in a building that encroaches into the Master Street Plan right-of-way
setback; and
WHEREAS, Section 166.18 of the Unified Development Code does not permit
improvements to buildings that lie within the Master Street Plan right-of-way setback; and
WHEREAS, Section 164.12(F) of the Unified Development Code states that existing
nonconforming structures may not be improved or repaired to any extent exceeding 10% of the
current replacement cost of the non-confoiniing structure in any period of 12 consecutive
months; and
WHEREAS, the existing structure on the subject property would have to be removed or
substantially altered for redevelopment if required to comply with the current Master Street Plan;
and
WHEREAS, the applicant and property owner wishes to improve the dilapidated
structure to provide a commercial service to the area; and
WHEREAS, this section of North College Avenue is improved to four lanes and any
needed future improvements could accommodate the existing building with some additional
right-of-way; and
WHEREAS, in consideration for encroachment into the Master Street Plan right-of-way,
the property owner agrees to dedicate an additional three (3) feet of right-of-way to the City
along College Avenue to total an amount of thirty-three (33) feet from street centerline along the
property frontage to accommodate future street improvements.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 2
Resolution 159-09
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a
variance of Section 164.12(F) of the Unified Development Code, permitting the structure to be
improved as needed so long as the cubic content or original footprint of the building is not
expanded.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
variance of Section 166.18 Master Street Plan Setbacks, permitting the existing structure to
remain in its current location as depicted on Exhibit "A", provided that said approval in no way
prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for
widening of adjacent streets.
Section 3: That the approval is conditioned upon the property owner dedicating, by
warranty deed, a total of 33 feet from centerline of College Avenue (approximately 3 additional
feet) to the City in consideration of the variance requests.
PASSED and APPROVED this 21st day of July, 2009.
APPROVED:
B -mo.
y:. ��-.�s.. Z411* y
L!O ELD JO ,PAN, Mayor
ATTEST:
By: b-
SONDRA E. SMITH, City Clerk/Treasurer
Autd-
BOUNDARY SURVEY
612 N. Colley, Avenue
PXISTING
BUILDING
Exhibit "A"
MISTING
BUILDING
514
c�:
Andrew Garner
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/21/2009
City Council Meeting Date
Agenda Items Only
Planning
Division
Action Required:
Development Services
Department
ADM 09-3333: (612 N. College Avenue ROW Variance) Submitted by Bates and Associates for property located at
612 N. College Avenue requesting a variance of the Master Street Plan setback for 612 North College Avenue in the
manner indicated to allow the existing building footprint to remain in its current location and be improved.
Cost of this request
Account Number
Project Number
Category / Project Budget
$
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached 1-7
Etto Previous Ordinance or Resolution #
Depa e t Dir -c'• r Date
Original Contract Date:
Cityrney
b --Z4-6 t Original Contract Number:
Date
Finance and Internal Services Director
4"fdc."---
C i t /
Ma .r
C.- x9 - zoo?
Date
ate
Comments:
Revised January 15, 2009
City Council Meeting of July 21, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Jeremy C. Pate, Development Services Director
Date: June 12, 2009
Subject: Right-of-way setback variance at 612 North College Avenue (ADM 09-3333)
RECOMMENDATION
Planning Staff recommends approval of a resolution allowing a variance of Unified
Development Code Chapter 166.18 Master Street Plan setbacks for 612 North College
Avenue in the manner indicated to allow the existing building footprint that encroaches
into the Master Street Plan right-of-way to remain and be improved. Staff recommends
that the improvements not expand the cubic content or original footprint of the building.
BACKGROUND
The applicant proposes to remodel the existing structure at 612 North College Avenue to
utilize it for a skating rink. The building was constructed in 1950 according to
Washington County parcel records, and been used for a variety of commercial uses over
the years. A survey of the property indicated that the structure is located approximately
10.7 feet into the Master Street Plan right-of-way.
The Board of Adjustment on Monday, June 1, 2009 voted to approve a proposal to bring
the non -conforming building setback into compliance. In addition to Board of
Adjustment approval, a variance of the Master Street Plan setback ordinance is required
to be approved by the Fayetteville City Council in order to permit the nonconforming
structure that is located within the College Avenue Master Street Plan right-of-way to be
improved more than 10% of its current replacement cost. Chapter 166.18 of the Unified
Development Code does not permit the establishment of new structures or improvements
within the Master Street Plan right-of-way.
BUDGET IMPACT
None.
City Council Meeting of July 21, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
From: Andrew Garner, Senior Planner
Date: June 29, 2009
Subject: Agreement to Dedicate Additional Right-of-way at 612 North College Avenue
(ADM 09-3333)
Attachment: Signed Warranty Deed from Property Owner at 612 North College Avenue
The subject property owner has drafted, signed, .and notarized a warranty deed dedicating
an additional three feet of right-of-way to the City along their College Avenue frontage.
Staff is in the process of reviewing the warranty deed and will be working with the
applicant to ensure the legal description and format is acceptable to the City prior to
recordation.
It is staff's opinion that this signed and notarized warranty deed adequately documents
the applicant's agreement to dedicate additional right-of-way in consideration of the City
granting the subject variance request.
(Part of) Parcel No. 765- -000
Right -of -Way
WARRANTY DEED
BE IT KNOWN BY THESE S-nPRESENTS: f p
THAT 1 `krms n 1% n UV i 11 ; p /
hereinafter called GRANTOR(S), for and in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto the City of
Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE,
and unto Grantee's successors and assigns, the following described land situated in
the County of Washington, State of Arkansas, to wit:
A PART OF LOT 1, BLOCK "A" IN MAPLEWOOD ADDITION TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS NO2°50'25"E 500.00' AND S 87°20'30"E 30.00' FROM THE
SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND RUNNING
THENCE NO2°50'25"E 200.00', THENCE S87°20'30"E 2.75', THENCE S02°33'08"W 200.00', THENCE
N87°20'30"W 3.75' TO THE POINT OF BEGINNING, CONTAINING 649.6 SQUARE FEET MORE OR LESS.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and
premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands
against all legal claims whatever.
r+�
W TNESS the execution hereof on this �3 --day of J tU'L 2009.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
)
ACKNOWLEDGMENT
)
ss.
BE IT REMEMBERED, that on this date, before the ursigned, a duly �coommissioned and acting Notary Public within
and for said County and State, personally appeared '" � �� ��t....33-�, V\ , to me well
known as the persons who executed the foregoing document, and Who stated and acknowledged that he/she/they had so
signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this
MY COMMISSION EXPIRE
Si/
day of
OFFICIAL SEAL
SARAH E. ON
NOTARY PUBLIC LARKANSAS
WASHINGTON COUNTY
COMMISSION # 12367410
COMMISSION EXP. 08/12/2018
, 2009.
RESOLUTION NO.
A RESOLUTION APPROVING A VARIANCE OF THE
UNIFIED DEVELOPMENT CODE SECTION 164.12(F)
NONCONFORMING USES AND STRUCTURES, REPAIRS
AND MAINTENANCE, AND SECTION 166.18 MASTER
STREET PLAN SETBACKS, ALLOWING THE EXISTING
STRUCTURE LOCATED AT 612 N. COLLEGE AVENUE TO
REMAIN WITHIN THE MASTER STREET PLAN RIGHT-OF-
WAY AND TO BE IMPROVED GREATER THAN THE 10%
REPLACEMENT COST ALLOWED BY CODE, WITHIN THE
EXISTING LIMITS OF THE STRUCTURE.
WHEREAS, the Master Street Plan right-of-way for this portion of North College
Avenue, a Principal Arterial, requires 48.5 feet from centerline and consequently bisects the
existing structure resulting in a building that encroaches into the Master Street Plan right-of-way
setback; and
WHEREAS, Section 166.18 of the Unified Development Code does not permit
improvements to buildings that lie within the Master Street Plan right-of-way setback; and
WHEREAS, Section 164.12(F) of the Unified Development Code states that existing
nonconforming structures may not be improved or repaired to any extent exceeding 10% of the
current replacement cost of the non -conforming structure in any period of 12 consecutive
months; and
WHEREAS, the existing structure on the subject property would have to be removed or
substantially altered for redevelopment if required to comply with the current Master Street Plan;
and
WHEREAS, the applicant and property owner wishes to improve the dilapidated
structure to provide a commercial service to the area; and
WHEREAS, this section of North College Avenue is improved to four lanes and any
needed future improvements could accommodate the existing building with some additional
right-of-way; and
WHEREAS, in consideration for encroachment into the Master Street Plan right-of-way,
the property owner agrees to dedicate an additional three {3) feet of right-of-way to the City
along College Avenue to total an amount of thirty-three (33) feet from street centerline along the
property frontage to accommodate future street improvements.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a
variance of Section 164.12(F) of the Unified Development Code, permitting the structure to be
improved as needed so long as the cubic content or original footprint of the building is not
expanded.
Page 2
Res.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
variance of Section 166.18 Master Street Plan Setbacks, permitting the existing structure to
remain in its current location as depicted on Exhibit "A", provided that said approval in no way
prohibits the City from obtaining right-of-way pursuant to the Master Street Plan in the future for
widening of adjacent streets.
Section 3: That the approval is conditioned upon the property owner dedicating, by
warranty deed, a total of 33 feet from centerline of College Avenue (approximately 3 additional
feet) to the City in consideration of the variance requests.
PASSED and APPROVED this day of , 2009.
APPROVED: ATTEST:
By: .. By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FlC31r
BOUNDARY SURVEY
612. N. Cotte9e Avenue
00
90
ORAmilc
Fayetteville Unified Development Code
164.12 Nonconforming Uses And Structures
(F) Repairs and maintenance.
(1) On any nonconforming structure or portion of a structure containing a
nonconforming use, work may=be done in any period of 12 consecutive months on
ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring,
or plumbing, to an extent not exceeding 1,0%, of the current replacement .cost. of
the ,•nonconforming structure, or nonconforming portion of the structure as the
case may be, provided that the cubic content existing when it became
nonconforming shall not be increased.
166.18 Master Street Plan Setbacks
city shall require the applicantldevelot- f way :setback bine
requrrenients for streets= Cy d highways designate
reef Many Such setback line shall be considered the property line for such
purpose of satisfying the requirements of the UDO. All building setbacks, required
landscaping, parking lots, display areas, storage areas and other improvements and uses
shall be located outside of such established setback area. The required width of setbacks,
landscaped areas, buffers, and all other setback requirements shall be dimensioned from
the established right-of-way setback line. The establishment of any new structure or other
rnpravexnents withn`the .0f -way. $etback �sprh�€b
re
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: May 27, 2009 Updated June 5, 2009
BOA Meeting ofJune 01, 2009
125 W. Mountain Si.
Fayetteville, AR 72701
Telephone: (479) 575-8267
BOA 09-3303 (DEWITT GOFF / 612 N. COLLEGE, 446): Submitted by BATES &
ASSOCIATES for property located at 612 N. COLLEGE, THE NE CORNER OF DAVIDSON ST.
AND COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and
contains approximately 1.38 acres. The request is for a front building setback variance to bring an
existing non -conforming structure into compliance. Planner: Andrew Garner
BACKGROUND:
Property Description: According to County records, the subject property was developed with a
commercial building in approximately 1950_ The existing building is located approximately 37 feet
from the centerline of College Avenue, within the Master Street Plan right-of-way, which is 48.5 feet
from the centerline of College Avenue.
SURROUNDING LAND USE AND ZONING
Direction from Site
Land Use
Zoning
North and West
Commercial
C-2
South
Commercial; Residential
C-2; RSF-4
East
Single -Family Residential
R -O; RSF-4
Proposal: The applicant is requesting a variance from the front setback requirement along College
Avenue of 25 feet to bring the existing building into compliance with current setback requirements.
Variance Issue
Ordinance Requirement
Applicant's Request
Front Setback (College Avenue)
25' *
0' (a 25' variance)
*Thefront setback is reduced from S0' to 25' because there is no parking between the building and College Avenue.
K: 1Reports120091BOA Reports106-0I-091BOA 09-3303 (612College_DetiviuGoff).doc
RECOMMENDATION:
Staff recommends approval of the requested front setback variance for the existing building as
shown on the attached survey with the following conditions:
1. Future alterations or additions to the existing structure shall meet required building
setback regulations from the Master Street Plan right-of-way, unless otherwise
approved by the Board of Adjustments. Approval of this variance only applies to
the existing structure, and no future expansions.
2. Prior to issuance of a building permit, a Master Street Plan right-of-way variance to
reduce the College Avenue right-of-way for this property is required to be approved
by City Council to allow for the existing building footprint to remain in the Master
Street Plan right-of-way and be improved.
Any alteration or additions to the existing structures shall meet required
regulations for improvementsto nonconforming parking lots.
4. All required permits shall be granted prior to any construction or additions to the
existing structures.
Additional Conditions/Comments:
CITY PLAN 2025 LAND USE DESIGNATION: City Neighborhood Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 156.02 Zoning Regulations
Certain variances of the zoning regulations may be applied for as follows:
A. General Regulations/Application. A variance shall not be granted unless and
until an application demonstrates:
K: Reports120091BOA Reportr106-01.091130A 09-3303 (612College_DewittG4-doc
Special Conditions. That special conditions and circumstances exist which are
peculiar to the land,structure, or building involved and which are not applicable to
other lands, structures or buildings in the same district.
Finding: There are special conditions and circumstances that exist for this building. The
existing structure was constructed in 1950, well prior to the adoption of the
City'szoning ordinance. Consequently, the structure is located within the
required building setback and Master Street Plan right-of-way, necessitating a
setback variance to bring the building into compliance.
2. Deprivation of Rights. That literal interpretation of the provisions of the zoning
regulations would deprive the applicant of rights commonly enjoyed by other
properties in the same district under the terms of the zoning regulations.
Finding: Literal interpretation of zoning regulations would greatly reduce the applicant's
ability to improve or expand the existing structure on the property. The existing
building could be retained onthe property, but without a variancefuture
improvements would be limited by Chapter 164.12. Thus, literal interpretation
would deprive the applicant of rights commonly enjoyed by other properties in
the same district.
3. Resulting Actions. That the special conditions and circumstances do not result from
the actions of the applicant.
Finding: Special conditions or circumstances are not the result of the actions of applicant.
The location of the existing structure was determined when the property was
developed in 1950, prior to the adoption of the City's zoning regulations.
4. No Special Privileges. That granting the variance requested will not confer on the
applicant any special privilege that is denied by Zoning, Chapters 160-165, to other
lands, structures, or buildings in the same district.
Finding: Granting the requested setback variance will not confer special privileges on the
applicant. The applicant is requesting approval to bring the existing structure
into compliance in general, and to permit improvements to the existing
nonconforming structure that was built prior to adoption of the zoning
regulations.
5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or
buildings in the same district, and no permitted or nonconforming use of lands,
structures, or buildings in other districts shall be considered grounds for the issuance
of a variance.
Finding: No other nonconformities were considered as a basis of the findings stated in
this staff report.
K: lRepore020091BOA Reporu106-01-091BOA 09-3303 (6120 llege_DewvittGgjf).doc
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered by
and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday, June 01, 2009.
3. Findings. The Board of Adjustment shall make the following findings:
a. Minimum Variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that
will make possible the reasonable use of the land, building, or structure.
Finding:- The requested - setback variance is the minimum variance necessary to
accommodate the existing structure on the subject property.
b. Harmony with General Purpose. The Board of Adjustment shall further
make a finding that the granting of the variance will be in harmony with the
general purpose and intent of Zoning, Chapters 160-165, and will not be
injurious to the neighborhood, or otherwise detrimental to the public welfare:
Finding: Granting the variance will be in harmony with the general purpose and intent of
zoning regulations, and will not be injurious to the neighborhood. The building
has existed in its current condition for almost 60 years, which is consistent with
many of the properties north of downtown and south of North Street, that were
developed many decades ago prior current zoning regulations.
c. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended conditions for this request which are stated on page one
of this report.
d. No Variance Allowed. Under no circumstances shall the Board of
Adjustment grant a variance to allow a use not permissible under Zoning
in the district involved, or any use expressly or by implication prohibited
by the terms of the zoning regulations in said district.
Finding: The use is permitted in the zoning district.
K.1Reports 2009180A Reporfs106-01-09113OA 09-3303 (6!2Co11ege_DewittGofJ).doc
Bates
Associates, I nc_.
Civil Engineering c& Surveying
91 W. Colt Square Dr./ Suite 3 / Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
May 8, 2009
Planning Staff
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Variance Request
Dear Planning Staff,
The proposed project is located at 612 N. College. Currently, this is a vacant building
which has all City Utilities. The project consists of remodeling the inside of the building,
and closing the drive onto College and onto E. Davidson Street. Dewitt Goff is the
current property owner.
The property is zoned C-2 and has a building setback of 50'. As stated above, the
building is existing and is located approximately eight (8') from the existing right of way.
Therefore, my client would like to request a 4, ' setback variance.
If you have any questions or required additional information, please feel free to call.
Sincerely,
Bates & Associates, Inc.
Geoffrey H. Bates, P.E
President of Engineering
nates
Associates,.I nC_
Civil Engineering Surveying
91 W. Colt Square Dr. Suite 3 / Fayetteville, AR 72703
P1 -I: 479-442-9350 * FAX: 479-521-9350
May 8, 2009
Chairman of the Board
Board of Adjustments
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Variance for building setback
Dear Chairman,
This letter is to address item 7 on the variance application checklist. The proposed
project is located at 612 N. College and is currently a vacant building with all City
Utilities. The project consists of remodeling the inside of the building, and closing the
drive onto College and onto E. Davidson Street. Dewitt Goff is the current property
owner.
The property is zoned C-2 and has a building setback of 50'. As stated above, the
building is existing and is located approximately eight (8') from the existing right of way.
Therefore, my client would like to request a 4$' setback variance.
ot
The following is the four criteria required by ordinance:
a. This is an existing building that was zoned C-2. As is, the building is located
in the setback.
b. This is an existing building that was placed in the building setback due to the
C-2 zoning designation.
c. The circumstances result from it being an old existing building in a new C-2
zoning.
d. This variance will not confer on the applicant any special privilege that has
not already been granted to other property owners along 71B.
If you have any questions or required additional information, please feel free to call.
Sincerely,
Bates & Associates, Inc.
Geoffrey H. Bates,'P.
President of Engineering
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